Visitor Question

Golf cart crashes with SUV…

Submitted By: Sue (Texas)

I was driving in a golf cart, crossing a driveway at a country club. There was very heavy attendance that day with poor visibility. I came to a stop, looked right (as that was the first lane I was crossing over) and proceeded on.

I immediately became aware that an SUV and I were going to collide and slammed my on brakes, but we collided anyway. The SUV had to be towed for front corner damage. The driver never saw me. I had bruises and a sore shoulder. His insurance is now wanting me to pay half of the damages from my car insurance.

Am I liable for any part of his damages?

I did NOT seek medical attention, but think I should have, as I’m still having shoulder pain 3 months later, and I’m just mad as a wet hen that they are trying to blame me. I know you don’t blame a pedestrian when they are in the crosswalk, but a golf cart?

AND I had already crossed a lane of traffic before the collision. I do believe we collided at the same time. I am not saying I saw him until the last minute, but still, am I at fault? Should my insurance have to pay? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sue,

In the State of Texas, pedestrians who are crossing in a marked or unmarked crosswalk have the right of way, and cars must permit those pedestrians to cross before the drivers can proceed safely through the intersection.

In your case, you were not crossing at a marked or unmarked intersection and therefore aren’t protected under the applicable pedestrian laws.

From the facts you present, it appears your golf cart and the SUV entered the intersection simultaneously. As a result you may both share liability. How much liability each of you should be assigned will probably be decided by the insurance companies.

You must contact your insurance company. If you haven’t already reported the accident to them, report it now. Make sure they know your side of the story. With your information, your insurance may not agree to pay any compensation to the SUV driver, or may decide to pay a portion. Unfortunately, you will have little input other than your statement to them

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 12, 2017

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